[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61443-61447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26021]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Albuquerque Indian School District--Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Albuquerque Indian School District 
(AISD) Liquor Control Ordinance. The ordinance regulates and controls 
the possession, sale, and consumption of liquor within Albuquerque 
Indian School (AIS) lands. The ordinance allows for the possession and 
sale of alcoholic beverages within the jurisdiction of the Albuquerque 
Indian School District, the governing entity formed by the 19 Pueblos 
of New Mexico to establish a governance structure for Albuquerque 
Indian School lands. The ordinance will increase the

[[Page 61444]]

ability of the AISD to control the distribution and possession of 
liquor within its Indian country, and will foster tribal economic 
development, strengthening tribal government, and improving the 
delivery of services to the Pueblos.

DATES: This law is effective October 13, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mattingly, Tribal 
Government Officer, Southwest Regional Office, Bureau of Indian 
Affairs, 1011 Indian School Road, NW., Suite 254, Albuquerque, NM 
87104; Telephone: (505) 563-3446; Fax: (505) 563-3101, or Ms. Laurel 
Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C 
Street, NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-
7641.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register liquor 
ordinances that have been duly adopted by Tribes for the purpose of 
regulating liquor transactions in Indian country. The Albuquerque 
Indian School lands are Indian country because they are held in trust 
by the Federal government for the benefit of the 19 Pueblos. The 
Albuquerque Indian School District Governing Council, exercising by 
delegation from the 19 Pueblos the governing authority over the AIS 
lands, duly adopted the Albuquerque Indian School District Liquor 
Control Ordinance by Resolution No. GC2013-03 on July 24, 2013.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Albuquerque Indian School District 
Governing Council duly adopted the Albuquerque Indian School District 
Liquor Control Ordinance by Resolution No. GC2013-03 on July 24, 2013.

    Dated: October 5, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Albuquerque Indian School District Liquor Control Ordinance shall 
read as follows:

TITLE 1. BUSINESS REGULATION

CHAPTER 1. LIQUOR CONTROL

    Section 1-1-1. Definitions. As used in this Chapter the following 
definitions shall apply unless the context clearly indicates otherwise:

AISD court means the judicial system for the Albuquerque Indian School 
District established by the Governing Council pursuant to Article V of 
the District Charter;
beer means a beverage containing more than one-half percent alcohol by 
volume, obtained by the fermentation of any infusion or decoction of 
barley, malt and hops or other cereals in water, and includes porter, 
beer, ale and stout;
District or AISD means the Albuquerque Indian School District, and 
includes all land made subject to the Albuquerque Indian School 
District Charter;
District Manager means the District official identified in Article VII 
of the District Charter;
Governing Council means the District's governing body created by 
Article II of the District Charter;
liquor includes beer, spirituous liquors, wine, all combinations 
thereof, and any other intoxicating beverage containing alcohol;
minor means any person under the age of twenty-one (21) years;
Oversight Commission means the body created by Article VI of the 
District Charter;
package means any container or receptacle used for holding liquor for 
purposes of sale or delivery to a person;
person means an individual, corporation, firm, partnership, limited 
liability company, enterprise or other legal entity;
public place means highways, roads, streets, driveways, sidewalks, 
garages, parking areas, stores, other shopping areas, government 
buildings, schools, churches, public meeting halls, restaurants, 
theaters, lobbies and hallways of office buildings, open spaces, all 
means of public conveyance, depots, waiting rooms, bus stops, publicly 
or school-owned parks and/or playgrounds, and any other location that 
is generally open to and used by the public, including the grounds 
thereof;
purchase means any purchase, exchange, barter, traffic, or other 
receipt of liquor by any person, with or without consideration, by any 
means whatsoever;
sale means any sale, exchange, barter, traffic, donation, distribution, 
serving, or supplying of liquor by any person, with or without 
consideration, by any means whatsoever;
server permit means an alcoholic beverage server permit issued by the 
state of New Mexico pursuant to the Alcohol Server Education Article of 
the New Mexico Liquor Control Act, NMSA 1978 Sec.  60-6E-1 et seq. or a 
successor statute, provided that, if the Oversight Commission adopts 
AISD standards for the issuance of server permits, server permit shall 
mean the permit issued pursuant to the Oversight Commission standards; 
special event permit means a permit authorizing the permit holder to 
dispense alcoholic beverages by the drink, excluding package sales, at 
the location and during the times specified in the permit;
spirituous liquor means distilled or rectified spirits, potable 
alcohol, brandy, whiskey, rum, gin and aromatic bitters or any similar 
alcoholic beverage, including blended beverages, dilutions or mixtures 
of one or more of the foregoing containing more than one-half percent 
alcohol, but excluding medicinal bitters;
wine means beverages obtained by the fermentation of the natural sugar 
contained in fruit or other agricultural products, with or without the 
addition of sugar or other products, that do not contain less than one-
half percent nor more than twenty-four percent alcohol by volume.
    Section 1-1-2. Purpose. The purpose of this Chapter is to establish 
limitations and standards for the legalization of the introduction, 
sale, purchase, service, possession, and public consumption of liquor 
within the District.
    Section 1-1-3. Related Federal and State Laws.
    A. For purposes of 18 U.S.C. 1161, this Chapter shall be 
interpreted and applied as constituting the liquor ordinance adopted 
under the authority of the Indian Pueblos having jurisdiction over the 
District.
    B. For purposes of the exemption from the New Mexico Liquor Control 
Act provided by NMSA 1978 Sec.  60-3A-5(D), this Chapter shall be 
interpreted and applied as constituting the law of the Indian Pueblos 
authorizing the sale, service, possession or public consumption of 
liquor within the boundaries of the District, on the terms and 
conditions stated in this Chapter.
    Section 1-1-4. AISD Liquor License.
    A. Governing Council Authorization. Any person qualified to hold a 
liquor license under this Chapter may be authorized to engage in the 
wholesale purchase, retail sale, or retail distribution of liquor 
within the District upon terms and conditions approved by resolution of 
the Governing Council and consistent with this Chapter. Any person 
granted such approval will be deemed to hold an AISD liquor license.
    B. Contents of License. The license shall specify whether the 
licensee is

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authorized to make package sales, sales by the drink for consumption on 
the licensed premises, or both. The license shall specify what types of 
liquor the licensee is authorized to sell and shall identify the 
licensed premises within which sales are authorized.
    C. License Revocation. The Governing Council has the authority to 
revoke an AISD liquor license for any violation of this Chapter or 
other law applicable to the licensed person, including the tax 
ordinances enacted by the Governing Council.
    D. Source of Liquor. The person granted an AISD liquor license must 
purchase all liquor sold within the District from a person licensed by 
the state of New Mexico to sell liquor at wholesale.
    E. Revocable Privilege. A liquor license granted by the Governing 
Council is a revocable privilege, and no person holding a liquor 
license shall be deemed to have acquired any vested property rights in 
or under the license.
    F. Term. Each liquor license shall be issued or renewed for the 
term fixed by the Governing Council.
    G. Qualifications.
    (1) An application for a liquor license constitutes a request that 
the Governing Council make a decision on the applicant's general 
suitability, character, integrity, and ability to import, sell, 
dispense, or distribute liquor within the District in conformity with 
this Chapter.
    (2) An applicant for a liquor license and a person to whom a liquor 
license has been granted shall at all times bear the burden of proving 
its qualification to hold a liquor license.
    (3) No liquor license shall be issued to or held by a person who 
has been convicted of two or more violations of this Chapter in a 
twelve month period, or whose liquor license (issued by any 
jurisdiction) has been revoked at any time. If a person who owns ten 
percent (10%) or more of the ownership interests in the entity holding 
an AISD liquor license is disqualified to hold the liquor license under 
this Section 1-1-4(G)(3), then the entity is also disqualified to hold 
an AISD liquor license.
    (4) The person holding an AISD liquor license must have the 
character, integrity, financial ability, and business skills necessary 
to acquire, sell, dispense, or distribute liquor within the District in 
conformity with this Chapter.
    H. License Fee. The Governing Council shall by resolution establish 
the amount of the license fee required for issuance or renewal of a 
liquor license authorizing package sales and for issuance or renewal of 
a liquor license authorizing sales by the drink on the licensed 
premises.
    I. Investigations. An applicant for a liquor license and a person 
to whom a liquor license has been granted shall comply with all 
administrative subpoenas issued by the District Manager pursuant to 
Section 1-1-10. If an applicant or licensee, or any employee or 
principal of an applicant or licensee, refuses or fails to comply with 
a subpoena issued by the District Manager, that person's application or 
license may be suspended, revoked, or denied by the Governing Council, 
based solely upon such failure or refusal.
    J. Special Event Permit.
    (1) Public Events. Any person holding a license under this chapter 
authorizing sales of liquor by the drink within the licensed premises 
may dispense liquor at a special public event located outside of the 
licensed premises upon receiving a permit from the Oversight Commission 
with the concurrence of the Chairman and Vice Chairman of the Governing 
Council of the District and upon the payment of the permit fee fixed by 
the Oversight Commission. As used in this subsection, ``special public 
event'' includes any fair, cultural or artistic performance, athletic 
competition of a seasonal nature, or other event held on an 
intermittent basis. The permit shall be valid for no longer than the 
duration of the special public event.
    (2) Private Events. Any person holding a license under this chapter 
authorizing sales of liquor by the drink within the licensed premises 
may dispense liquor at a private event located outside of the licensed 
premises and catered by the licensee upon receiving a permit from the 
Oversight Commission with the concurrence of the Chairman and Vice 
Chairman of the Governing Council of the District and upon the payment 
of the permit fee fixed by the Oversight Commission. The permit shall 
be valid for no more than twelve hours.
    (3) The person holding a license to sell liquor by the drink and 
its employees shall be the only persons permitted to dispense liquor 
during the function for which the special event permit was issued.
    (4) Issuance of the special event permit is within the discretion 
of the Oversight Commission.
    (5) The special event permit shall identify the location where the 
special event will take place, the hours and days during which the 
permit is in effect, and the types of liquor that may be dispensed 
under authority of the permit. The permit shall not authorize package 
sales of liquor.
    (6) The permittee shall be subject to all District laws and 
regulations regulating the sale of liquor by the drink.
    Section 1-1-5. Server Permit.
    A. Servers. Every person directly involved in selling, dispensing, 
or serving liquor within the District shall have a current and valid 
server permit in his/her possession when engaged in such activity.
    B. Retailers. Any person authorized by this Chapter to sell liquor 
within the District shall not employ or engage any person to sell, 
dispense or serve liquor within the District unless that person holds a 
current and valid server permit.
    C. Standards. The Oversight Commission is authorized, but not 
required, to establish District standards and requirements under this 
Chapter for obtaining and retaining a server permit; provided that any 
such standards and requirements shall be at least as stringent as the 
requirements applicable outside the District imposed by the Alcohol 
Server Education Article of the New Mexico Liquor Control Act, NMSA 
1978 Sec.  60-6E-1 et seq. or a successor statute.
    Section 1-1-6. Right to Require Proof of Age; Right to Refuse Sale.
    A. Proof of Age. Any person authorized by this Chapter to sell 
liquor within the District shall have the authority to require any 
person purchasing or desiring to purchase liquor to produce proper 
evidence of age and identity before making any sale of liquor to such 
person.
    B. Refusing to Sell. Any person authorized by this Chapter to sell 
liquor within the District shall have the authority to refuse to sell 
liquor to any person who is unable to produce proof of age and 
identity.
    Section 1-1-7. Liability Insurance.
    A. General Public Liability. Any person authorized by this Chapter 
to sell liquor within the District shall obtain general public 
liability insurance in an amount not less than one million dollars 
($1,000,000) per occurrence, or such higher amount set by resolution of 
the Governing Council.
    B. Dram Shop Liability. If the Governing Council, the AISD court, 
or another court with jurisdiction to do so imposes dram shop liability 
on a person authorized to engage in the sale of liquor within the 
District, the licensed person shall obtain insurance adequate to cover 
such liability, in such amount set by resolution of the Governing 
Council.
    Section 1-1-8. Terms and Conditions of Sales.
    A. Election Day. Sale of liquor is allowed on any state or federal 
Election

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Day only to the same extent allowed by state and municipal law within 
the boundaries of the City of Albuquerque.
    B. Hours for Sales for Consumption on Licensed Premises. Liquor 
shall be sold by the drink, served, and consumed on the licensed 
premises only during the same hours and days allowed by the laws of the 
State of New Mexico and the City of Albuquerque in effect from time to 
time.
    C. Hours for Package Sales. Liquor shall be sold in unbroken 
packages, for consumption off the licensed premises and not for resale, 
only during the same hours and days allowed by the laws of the State of 
New Mexico and the City of Albuquerque in effect from time to time.
    D. Cash Sales. All sales of liquor shall be for cash, check, money 
order, debit card, or credit card, and no credit shall otherwise be 
extended to any person for the purchase price of liquor.
    E. Sales for Personal Use; Resale Prohibited. All sales of liquor 
authorized by this Chapter shall be retail sales for the personal use 
of the purchaser and shall not be for the purpose of resale, whether or 
not the resale is for profit or in the original container.
    F. Licensed Premises. All sales of liquor authorized by this 
Chapter shall take place only within the licensed premises identified 
in the seller's liquor license or any applicable special event permit.
    G. Participation by Minors Prohibited. All handling, stocking, 
possession, and sale of liquor shall be conducted only by persons 
twenty-one (21) years of age or older. Proof of age must be shown by a 
current and valid government-issued driver's license or other 
government-issued form of identification that contains birth date and 
photo of the holder of the license or identification.
    H. Compliance with Section 9. All liquor sales shall be conducted 
in strict compliance with Section 1-1-9.
    I. No Public Nuisance. All liquor sales shall be conducted in a 
manner that prevents the creation of a public nuisance on or near the 
licensed premises.
    Section 1-1-9. Civil Offenses. The following conduct is prohibited 
within the District:
    A. Sales to Minors. No person shall sell any liquor to any person 
under the age of twenty-one (21) years.
    B. Purchase or Possession by Minors. No person under the age of 
twenty-one (21) years shall purchase, attempt to purchase, possess, or 
consume any liquor.
    C. Unauthorized Sale. No person shall sell any liquor except under 
the authority of, and in conformity with all requirements of, a current 
and valid AISD liquor license and any applicable special event permit.
    D. Unauthorized Purchase. No person shall knowingly purchase any 
liquor from a person who is not authorized to sell the liquor pursuant 
to a current and valid AISD liquor license.
    E. Sale Outside Licensed Premises. No person selling liquor under 
the authority of a current and valid AISD liquor license or special 
event permit shall sell any liquor outside the boundaries of the 
premises identified in the liquor license or the applicable permit.
    F. Sale to Intoxicated Person. No person selling liquor under the 
authority of a current and valid AISD liquor license shall sell any 
liquor to any person who the seller has reason to believe is 
intoxicated.
    G. Sale for Resale. No person selling liquor under the authority of 
a current and valid AISD liquor license shall sell liquor with 
knowledge that the liquor will be resold, either within or outside the 
District.
    H. Purchase for Resale. No person shall purchase liquor with the 
intention of reselling the liquor, within or outside the District.
    I. Drinking in Public Places. No person shall drink any liquor in a 
public place that is not part of the licensed premises under a current 
and valid AISD liquor license or special event permit.
    J. Open Containers Prohibited. No person shall have an open 
container of liquor in a public place that is not part of the licensed 
premises under a current and valid AISD liquor license or special event 
permit; or shall possess an open container of liquor in or on a 
vehicle.
    K. False Identification. No person shall attempt to purchase liquor 
through the use of false or altered identification which falsely 
purports to show the individual to be over the age of twenty-one (21) 
years.
    L. Drinking on Premises of Package Store. No person shall consume 
liquor on the licensed premises of a facility that is authorized only 
to sell liquor for consumption off the licensed premises.
    Section 1-1-10. Administration.
    A. District Manager. The District Manager is hereby granted 
administrative authority to perform the following actions relating to 
liquor licenses and special event permits issued under the authority of 
this Chapter, subject to review by the Oversight Commission:
    (1) investigate applicants for a liquor license or permit and 
holders of a liquor license or permit to ensure their eligibility to 
obtain or hold a liquor license or permit, as applicable,
    (2) impose civil penalties under Section 1-1-11,
    (3) issue written demands to comply with this Chapter or any 
requirement of a liquor license or permit,
    (4) issue administrative subpoenas requiring the production of 
relevant records, books, information, evidence or other documents and/
or the presence and testimony of any person relating to any matter 
under consideration or investigation by the District Manager under this 
Section 1-1-10,
    (5) suspend a liquor license for up to forty-five (45) days for any 
violation of this Chapter,
    (6) perform such other actions that are reasonably necessary and 
proper to carry out the authority granted by this Section 1-1-10.
    B. Oversight Commission. A person adversely affected by an act or 
failure to act of the District Manager in the administration of this 
Chapter, including suspension of a liquor license, may seek review of 
the District Manager's conduct by the Oversight Commission, pursuant to 
procedural rules adopted by the Oversight Commission. The Oversight 
Commission may affirm, reverse, or modify the action of the District 
Manager.
    C. Governing Council. A person adversely affected by a decision of 
the Oversight Commission may appeal that action to the Governing 
Council; provided that a written notice of appeal must be filed with 
the Secretary of the Governing Council within ten (10) business days of 
the action being appealed. The Governing Council shall review the 
appeal based on the administrative record and may conduct such further 
hearings or other proceedings as it deems appropriate. The decision of 
the Governing Council is final and is not subject to review by any 
court or other body.
    Section 1-1-11. Penalties.
    A. Civil Penalty. Any person who knowingly violates any provision 
of this Chapter shall be subject to a civil assessment of not less than 
five hundred dollars ($500) and not more than ten thousand dollars 
($10,000) for each violation.
    B. Criminal Prosecution. The imposition of civil penalties under 
this Chapter shall not bar prosecution and conviction of a person who 
violates any criminal law applicable within the District.
    Section 1-1-12. Sovereign Immunity Reserved. Nothing in this 
Chapter shall be construed as a waiver of the sovereign immunity of the 
District.

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    Section 1-1-13. Amendments. This Chapter may be amended by the 
Governing Council, subject to approval by the Secretary of the Interior 
or the Secretary's designee.
    Section 1-1-14. Effective Date. This Chapter shall be in effect 
upon the date of publication in the Federal Register by the Secretary 
of the Interior or the Secretary's designee.

[FR Doc. 2015-26021 Filed 10-9-15; 08:45 am]
 BILLING CODE 4337-15-P